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By on 02.04.2012.
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In 2009 a lawyer in a suit advised his client to "clean-up" her facebook page so incriminating photos posted there could not be found to be used in her case. The lawyer and his client won the case...and then in 2011 got hit with a total of more than $700,000.00 in sanctions from the Court for destroying evidence.
By on 23.03.2012.
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There are two general kinds of discrimination. "Disparate treatment" is the kind we hear about most often where an employer intentionally discriminates against a particular employee or group of employees based upon a prohibited factor such as race. "Disparate impact" is something more insidious. It is when an employer's policy, that seems non-discriminatory on its face, is actually discriminatory in its application or effect.
By on 14.03.2012.
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This is a question that Employment Law practitioners often face. A potential client enters the office and says that she is being sexually harassed while at work and that it is so severe and pervasive that it has resulted in a hostile environment. This harassment is disallowed by law.
By on 24.02.2012.
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The Fair Labor Standards Act, or FLSA, requires that employees not exempted by the act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay.
By on 31.01.2012.
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Employees and Employers alike must continue to fight race discrimination. There are two main Federal Laws that prohibit race discrimination by private employers and give a harmed employee the ability to seek damages and be made whole. Title VII of the Civil Rights Act of 1964 and 42 USC Section 1981 protect employees against employment discrimination on the basis of race.
By on 24.01.2012.
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For many years, Texas sellers of real estate have included the statement "AS, IS, WHERE IS, WITH ALL FAULTS" in transactions to protect themselves from lawsuits and accusations of misrepresentations or fraud.
By on 19.01.2012.
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Charles H. Peckham of the Houston-based law firm Peckham, PLLC has been appointed to the Board of Directors for the Texas Trial Lawyers Association for 2012.
By on 13.01.2012.
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In this week's opinion from the United States Supreme Court, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, the Court determined that "ministers" cannot sue their churches under federal employment discrimination laws.
By on 06.01.2012.
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As an employee of a private employer, you do have the right to work without being discriminated against due to race, color, national origin, gender, age, religion or disability. Employers with certain numbers of employees (15-20 or more) are subject to Federal Laws protecting against discrimination. You can protect yourself!
By Charles Peckham on 27.12.2011.
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Often employers wrongly believe that they can protect themselves by punishing employees who report workplace discrimination.
By Charles Peckham on 21.12.2011.
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Age discrimination in the workplace is not just based on age, but can also be based on the age gap between the employee and others who are getting better treatment. Making hiring, promotion and firing decisions based upon age can be illegal. As our workforce ages, most smart employers know that experience and work ethic are an invaluable asset. However, some employers want to hire younger workers because they wrongly think insurance costs are less and that those younger employees have more energy.
By on 01.12.2011.
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Under Texas law, an in-home service and residential delivery company is presumed NOT to be liable for the criminal acts of employees if the employer does a complete criminal history background check through DPS or a private vendor on any employees sent by the company into customers' homes.
By on 10.11.2011.
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Employees with health insurance policies under group employee welfare benefits plans are governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§1001 et seq., as amended (“ERISA”).
By on 01.11.2011.
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Discrimination in the workplace is the action of hiring, firing, or demoting based on a bias that results in the unfair treatment of employees. This type of workplace misconduct comes in many forms including race discrimination, gender discrimination, disability discrimination, age discrimination, pregnancy discrimination, equal pay, national origin discrimination and sexual harassment. Discrimination not only affects an employee’s job performance, but their personal life as well.
By Charles Peckham on 24.10.2011.
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Do you feel like you have been wrongfully terminated from your job? Are you a victim of discrimination in the workplace? Are you not being paid for the hours that you work? If you have answered yes to any of these questions, then it is time to hire an employment lawyer.
By Charles Peckham on 20.10.2011.
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You need your lawyers to listen and take calculated and effective action. At Peckham, PLLC, our dedicated counsel will work for you to get you the best possible result at the lowest possible cost.